if you are honest and upright and believe that the cases being foisted against you are baseless and are being filed only to cause disrepute to you, file the quash petition in the High Court, and also file defamation cases against your bosses who are instigating and filing these false cases against you, don't let them walk away scot free.
False case from dept under section 406,409,420
Sir I am a Je in electricity distribution company govt organisation. There I raided many premises and caught theft. A line man is involved in all that thing I write a letter to higher authority so they become unhappy and alleged me that main line man ko paresaan kr rha hoon. And suspended me . after they give me charge sheet after 45 days and on receiving it before I understand the allegation they lodge a fir under 406,409,420 alleging that I have taken money 10onsumers 8 months before for temporary connection and did not give them receipt. I would like to tell you that time period of that temporary connection finish in January and the complain was in month of June . consumer have not a single paper that I have taken money and dept not have a single paper so he can proof that they are his consumer. So he involve that line man as evidence that money is given before him. I got anticipatory bail from high court. Now I want to go for quashing of fir can I sought for natural justice and baseless and malice fir by dept. What are chances of 482. And what is the result of this case. Pls suggest me as I have qualified psc exam and now I need noc from dept . I was also in probation. Suggest me some points so I can get rid of it soon and safely and can join new job. Suggest for 482 and revision on charge which is more beneficial. There is not a single paper of money transaction and forgery document .
Asked 10 years ago in Criminal Law
Religion: Hindu
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10 Answers
This is a misuse of the process of law. The HC should come to your rescue if there is no iota of evidence to prove your guilt. Engage a good lawyer and move the HC.
1. Normally quash petition is not entertained by Kolkata High Court before Charge Sheet is filed,
2. You shall have to challenge the charge sheet and prove it wrong while arguing for quashing the FIR,
3. So, it will be prudent on your part to wait for the charge sheet to be filed by the police,
4. Develop good rapport with the IO for getting favourable charge sheet/report.
This is a case of avenging and cornering and victimising sincere and honest employees.
Well as you aid that the fir was registered based on false and foisted complaint, your approach to quash the same before high court is a right decision.
You may proceed with the proposed quash case based on the merits in your side and can plead that this is a malicious prosecution without any base or evidence to prove their charges against you.
You can also plead that the so called temporary connections issue were already closed during January but this complaint was given based on a false information happened during June when there was no temporary connections given at that time.
In my opinion you have bright chances to get the fir quashed and even otherwise, if the case is challenged in the trial court, you may get it dismissed or acquitted.
1) it is necessary to peruse allegations made in FIR
2) wait till filing of charge sheet by police
3) then based on legal advice file for quashing before HC
is any sanction from the govt has obtain by the team at the time of registering FIR against you or not?
sir charge sheet is filed from police. but my lawyers says that high court not quash fir at initial stage and if dept is involved then there is very weak chances of that. in charge sheet also there is nothing more than dept not a proof of money transaction and not proof that they are consumers and no eye witness also except that line man. dept also take a fake person as a line man as a eye witness to prooove his case. as my lawyer says there are 15 allegation so highcourt not listen you and must order to proove your self in trail. suggest me some name of good criminal lawyer in indore high court . and will i have to go for quashing with some new lawyer as near about 10 allegation are false as in month of we send a list of illegal connection they are also not in them and it is send by line man not by me. it is also a fact that can support me. and many more things . as it seems primarily that all the things done to save dept officers themselfs and only after my raid on that line man.
Asked 10 years ago
1) your lawyers have gone through charge sheet
2) after going through charge sheet they have advised you against moving HC for quashing
3) contest the case on merits before trial court
4) in the alternative take second opinionfrom senior lawyer and then decide
The evidences in your side as well as the merits on your side which you strongly rely upon should support your quash case if projected properly before high court. Let there by 15 or more allegations. There should be a counter for each and every allegation with the support of evidences either by documents or circumstantial.
If your this lawyer is not seem to be proper enough you may change another lawyer who will be more competent enough to handle this case.
You have a very good case to defend and get acquittal if you challenge it in the trial court even if your quash petition is dismissed by the high court.
There is no strict rule that HC should not grant indulgence to the accused if the chargesheet has not been filed. Some judges quash the matters even at pre-chargesheet stage whereas others are loath to do so unless the chargesheet is on record. Nobody can tell beforehand what will be the view of the High Court on your case as the facts and circumstances of every case are different.
1. It is the presumption of your local lawyers who practice at the local High Court. If you can detect serious anomalies in the said charge sheet, quash petition can be tried before the High Court.,
2. Since there are 15 allegations, the case becomes little difficult but can be tried to be quashed,
3. You can try quashing the FIR by filing a petition before the High Court.